fichamento the evolution of international law

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THE EVOLUTION OF INTERNATIONAL LAW – STERIO, MILENA 1. INTRODUTION Globalization has affected international law. “reshaped by the potent forces of globalization, international law has transformed itself from a set of legal rules governing inter-state relations, to a complex web of transnational documents, providing a normative framework for all sorts of different actors on international legal scene. “domestic law has lost its omnipotent, ‘sovereign’ power and is now supplemented, corrected, and watched over by international law. * Thus, international law has undergone an evolutionary process over the recent decades, transforming itself from an inter-state conflict resolution instrument, to a powerful global tool, present in every-day life and influential of many state actors and non-state entities decisions and policies”. * John Alan Cohan – sovereignt in a postsovereign world, p. 936. 2. TRANSFORMATION OF INTERNATIONAL LAW The traditional international law included two types of normative systems: one promulgated by states themselves for their domestic relations, and the other promulgated among states for inter-state relations. It involved state actors and inter-state relations*. This concept of

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Fichamento do texto A evolução do direito internacional

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The Evolution of International Law STERIO, Milena1. introdutionGlobalization has affected international law. reshaped by the potent forces of globalization, international law has transformed itself from a set of legal rules governing inter-state relations, to a complex web of transnational documents, providing a normative framework for all sorts of different actors on international legal scene.domestic law has lost its omnipotent, sovereign power and is now supplemented, corrected, and watched over by international law.* Thus, international law has undergone an evolutionary process over the recent decades, transforming itself from an inter-state conflict resolution instrument, to a powerful global tool, present in every-day life and influential of many state actors and non-state entities decisions and policies.* John Alan Cohan sovereignt in a postsovereign world, p. 936.2. transformation of international lawThe traditional international law included two types of normative systems: one promulgated by states themselves for their domestic relations, and the other promulgated among states for inter-state relations. It involved state actors and inter-state relations*. This concept of international law became inadequate, for, throughout the 20th century, there were created individually enforceable norms in the field of international human rights, which transformed individuals into international law players.** NGOs, regional organizations, institutions and judicial bodies also played a prominent role on the international legal scene.* paul Schiff berman from international law to law and globalization, pp. 43, 485, 487 (era inconcebvel indivduos pleitearem perante tribunais internacionais), 492.Supra a pluralist approach to international law (a nova verso do direito internacional governa pessoas, ongs etc.) ** accioly serves here.thus, its no longer true that international law represents a body of law that governs relations among states; on the contrary, it is a complex web of treaties, regulations, customary norms, codes of conduct and the like that shapes relationships among state as well as non-state actors along horizontal and vertical axis of power.** berman, a pluralist approach.., at 331.the development of human rights norms has contributed to the idea that some crimes are so heinous that any nation in the world acting on behalf of the entire international community, can punish the offender* * carter, trimble, weiner, international law, p. 779.Limitations on state sovereigntyBecause of their powerful reach and impact on state behavior, new human rights norms impose severe limitation on state sovereignty. A state may no longer reject a norm based on a claim of exclusive sovereignty, as such a notion no longer exists.In its modern, evolutionary version, human rights law goes even further, by creating firm limits on state sovereignty and by establishing norms that govern inter-state and intra-state behavior.Berman, 527.Thus, globalized international law has imposed so-called vertical constraints on states, whereby external human rights norms are imposed on states by diplomatic and public persuasion, coercion, shaming, economic sanctions, isolation, and in more egregious cases, by humanitarian intervention. Cohan, 941, 2, 3.Now, states no more answer to their nationals alone, but to the international commonwealth on the whole. A state may no longer reject a norm based on a claim of exclusive sovereignty, as sucha notion no longer exists. For example, sovereignty will no longer operate as an excuse for violations of human rights norms against slavery, genocide, torture, or arbitrary confiscation of property; moreover, human rights norms have evolved to encompass claims of indigenous populations, special needs of the disabled, healthcare, education, etc.